Terms & Conditions of Supply

1. Definitions
In this agreement
“supplier” means Airius Europe Ltd.
“we” means Airius Europe Ltd.
“Buyer” means the purchaser of the goods.
“you” means the purchaser of the goods.
“Carrier” means any person or business contracted by us to carry Goods from us to you, whether all or part of the distance
“Goods” means any goods we offer for sale.
“Written Materials” means any information material published by us in any medium with a view to providing information to our customers or prospective customers.

2. Our contract with you
2.1. we shall accept your order by letter, by fax or by e-mail confirmation. Our order confirmation will confirm details of your purchase, payment terms and forecast delivery dates
2.2. it is possible that the price may have increased from that posted in out written material.
2.3. All descriptions, weights and sizes of Goods are those of the original manufacturers and you may not rely on their accuracy. Accordingly, any such description shall not form part of this agreement.
2.4. If we do not have the Goods you order in stock, we will offer you alternatives before we despatch your order. If this happens you may:
2.4.1. accept the alternatives we offer;
2.4.2. cancel your order
2.4.3. leave the order valid, but tell us to omit the out-of-stock item.
2.5. goods are at your risk from the moment they are delivered by our carrier or collected by your carrier from our warehouse.
2.6. we retain full ownership of the goods until you have paid for those goods in full. Title is retained and in the event of non-payment we will do what we want with those goods in relation to their future. If payment is not made we retain the right to collect the goods from their destination (ie: from your customer if relevant)

3. Price and Payment
3.1 As determined on the invoice.
3.2. You will pay all sums due to us under these terms by the means specified without any set-off, deduction or counter claim.
3.3. Payment terms are 30 days end of month following invoice

4. Late Payment Penalty
4.1. A Late Payment Penalty based on 1% of the value of the invoice will be charged for each 30 day period, or part thereof, calculated from the day after the due date.

5. Information you give us
5.1. You agree that you have provided, and will continue to provide accurate, up to date, and complete information about yourself.
5.2. We will use our reasonable endeavours to respond to any point of dissatisfaction by you, provided you contact us within three months of purchase.

6. Delivery
6.1. Deliveries will be made by the carrier to the address stipulated in the order. You must ensure that someone is present to accept delivery.
6.2. We may deliver the goods in instalments if the goods are not available at the same time for delivery.

7. Taxes, duties and import restrictions
7.1. We have no knowledge of, and no responsibility for, the laws in your country of residence (outside the UK).
7.2. You are responsible for purchasing Goods which you are lawfully able to import and for the payment of
Import duties and taxes of any kind levied in your country of residence (EU entry taxes paid by supplier when goods arrive in the UK).

8. Disclaimers
8.1. We may make improvements or changes to our written material or to any of the Goods, at any time and without advanced notice.
8.2. You are advised that Written Material may include technical inaccuracies or typographical errors.
8.3. We are not liable in any circumstances for special, indirect or consequential loss or any damages whatsoever resulting from loss of use, loss of data or loss of revenue or profits, whether in an action of contract, negligence or otherwise, arising out of or in connection with your use of Our Web Site or the purchase of goods.
8.4. Except for a claim for personal injury, in any claim against us our liability is limited to the value of the goods you purchased in the contract which is the subject of the dispute.

9. Indemnity
You agree to indemnify us against any claim or demand, including reasonable lawyer’s fees, made by any third party due to or arising in any way out of your use of goods, or the infringement by you, of any intellectual property or other right of any person.

10. Contractual Limitations
Where we provide goods without specific charge, then it (or they) is deemed to be provided free of charge, and not to be associated with any other service for which a charge is made. Accordingly, there is no contractual nor other obligation upon us in respect of any such goods or services.

11. Rights of third parties
Nothing in this agreement shall confer on any third party any benefits under the provisions of the Contracts (Rights of Third Parties) Act 1999.

12. Severability
If any of these terms is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as charged or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that charged or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.

13. No Waiver
No waiver by us, in exercising any right, power or provision hereunder shall operate as a waiver of any other right or of that same right at a future time; nor shall any delay in exercise of any power or right be interpreted as a
Waiver.

14. Dispute Resolution
In the event of a dispute arising out of or in connection with these terms or any contract between you and us, then you agree to attempt to settle the dispute by engaging in good faith with us in a process of mediation before commencing arbitration or litigation.

15. Force Majeure
We are not liable for any breach of our obligations resulting from causes beyond our reasonable control including strikes of our own employees.

16. Governing Law
This agreement shall be governed by and constructed in accordance with the law of England. This agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is hereby expressly excluded.

Publication/Effective date: 01.01.07
Authorised by: S H Bridges – Managing Director
USA and foreign Patents Pending. AIRIUS®. All material issued by, or emanating from, Airius Europe Ltd is ©Copyright Airius Europe Ltd